Terms & Conditions

Definitions

• You, your or customer
  • means the natural person, company or other legal entity purchasing services from us
• Us, we, our or Omniscot
  • means Omniscot Limited and a business address of 1 Cromwell Road, Inverness IV1 1SX.

Agreements

• Where any conflict exists between any other clauses or agreements it is at our sole discretion which clause shall prevail;
• Any reference to this agreement shall be interpreted to mean these Terms & Conditions and all agreements, terms, conditions and policies which it incorporates;
• By accepting this agreement you are confirming that you are legally authorised to act on behalf of the legal entity described above or are acting as a natural person;
• We will use reasonable endeavours to display these agreements on our website at https://omniscot.com but you are responsible for requesting any agreements from us which you are unable to access on our website;
• Acceptance of this agreement may be performed electronically when opening an account or ordering a subscription with us online by checking a box in your web browser, by using our services, by continuing to use our services after being notified that this new agreement will begin to apply to you, or by signing a confirmation electronically or in writing.

Data Processing & GDPR

To guarantee that no terms are imposed upon on us beyond what is included in this document, we cannot agree to sign customer Data Processing Agreements or other GDPR related contracts or agreements. As a very small team we do not have a legal advisers on staff and modifications or amendments to this agreement would require legal advice that would be cost-prohibitive for us.

Processing personal data in a secure, fair, and transparent way is extremely important to us. As part of this effort, we process personal data in accordance with GDPR and any other data protection law applicable in Scotland.

If you do not agree to these terms, you may discontinue the use of our services and cancel your accounts/contracts with us.

Undertakings regarding personal data

1. Each party agrees that personal data shall be treated as confidential information under these terms. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
2. Personal Data shall remain the property of the disclosing party. We acknowledge that the customer is the controller and maintains control over data subject’s personal data.
3. We will process customer’s personal data only to the extent strictly necessary for the purpose of providing the services requested and any further written instructions from the customer that are mutually agreed upon in writing. Further, we agree that:
   • we will implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organisational measures to protect against unauthorised, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data;
   • we will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on our behalf unless the third party is bound to similar confidentiality and data handling provisions;
   • only our personnel who “need-to-know” will be given access to customer personal data to the extent necessary to perform our obligations; and
   • we will only process customer personal data to the extent necessary to perform its obligations, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws.
4. Upon termination of your account or services we will delete, destroy, or anonymise the personal data in accordance with our standard backup and retention policy unless we have terminated your account for violation of the Terms of Service in which case we reserve the right to retain personal data.
5. We will not transfer any customer personal data to other locations or companies not deemed to be compliant with GDPR.

Customer undertakings

1. Customer warrants that it has all necessary rights to provide to us with the personal data for processing in connection with the provision of the our services.
2. To the extent required by applicable law, customer is responsible for ensuring that any data subject consents that may be necessary to this processing are obtained, and for ensuring that a record of such consents is maintained, including any consent to use personal data that is obtained from third parties. Should such consent be revoked by a data subject, customer is responsible for communicating the fact of such revocation to us, and we remain responsible for implementing any customer instruction with respect to the further processing of that personal data, or, as may be in accordance with any of our legal obligations.
3. Customer understands, as a controller, that it is responsible (as between customer and us) for:
   • determining the lawfulness of any processing, performing any required data protection impact assessments, and accounting to regulators and individuals, as may be needed
     making reasonable efforts to verify parental consent when data is collected on a data subject under 16 years of age;
   • providing relevant privacy notices to data subjects as may be required in your jurisdiction, including notice of their rights and provide the mechanisms for individuals to exercise those rights;
   • responding to requests from individuals about their data and the processing of the same, including requests to have personal data altered, corrected, or erased, and providing copies of the actual data processed;
   • implementing your own appropriate technical and organisational measures to ensure and demonstrate processing in accord with these terms;
   • notifying individuals and any relevant regulators or authorities of any incident as may be required by law in your jurisdiction.
4. Customer does not have any independent right to audit our technical and/or organisational measures.

Incident Management

1. When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
2. Both parties shall at all times have in place procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other no later than 24 hours of having become aware of such an incident.
3. Any notifications made under this section shall be made to [email protected] (when made to us) and to our point of contact with you (when made to the customer), and shall contain:(i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.

Liability and Indemnity

Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of these terms.

Customer Service Level Agreement

We aim to respond to all customer contact the day it’s received, but guarantee a response with a maximum of 3 working days.

Services

General

• We are committed to offering a reliable, high quality service for our hosting, email and domain registration services, but it may sometimes be necessary for us to restart your services without prior notification during emergency maintenance. Except where operational reasons prevent, we will schedule maintenance in advance if it is likely to cause disruption to your service or puts service at-risk, and will communicate this to you;
• We include a technical support and management service with all services. We are not responsible for providing any support beyond the scope of these services except at our discretion;
• We reserve the right to upgrade any software installed on a server at any time for reasons such as, but not limited to, installing security patches, bug fixes, providing you with technical support or to ensure compatibility between software;
• We will take all reasonable precautions to maintain server and network security, but due to rapid emergence of new or unidentified threats, including those within your remit, we cannot take responsibility for any security breach;
• You acknowledge that software in general is not error-free and may be prone to bugs. We will use all reasonable efforts to ensure that we provide stable software, but in some cases this may not be possible. You agree that the occurrence of errors in the software we use does not constitute a breach of this agreement on our part.

Website Hosting

• As shared hosting is an unprotected multi-tenant service you will be sharing a physical server with one or more other customers. We will take all reasonable steps to prevent and mitigate against service instability and outages caused by other customers’ websites but due to the nature of the service cannot provide any guarantees.
• You may not use excessive resources which at our discretion place an unacceptable burden on the server.
• We do not provide SSH access to any shared hosting service customers for any reason other than at our discretion.

SSL Certificates and Trust Marks

• General
  • Fees paid are for us to request the selected product or service from a third-party vendor.
  • You are required to agree to and follow the required processes and subscription agreements applicable to the upstream vendor for the service selected. You can request at any time that we provide you with these agreements or obtain from the vendor directly.
  • No refunds are issued for any reason for these services. We will usually provide a credit on your account with us if we are unable to provide you with the service requested due to a failure on our side or due to the vendor not accepting your order.
  • We aren’t responsible for renewing your service but may send you a renewal reminder in advance of their expiration.
  • We cannot take liability for excessive use of website resources while performing vulnerability scanning but our vendor usually takes reasonable precautions to prevent this.
• SSL Certificates
  • We are not responsible for the validation or issuance of SSL certificates.
  • Certificate browser recognition and features vary by issuing Certificate Authority and are not guaranteed. You accept that we are not responsible if these change or if they are not as we described.
  • We will install any SSL certificate onto any hosting service free of charge provided that it is issued by a Certificate Authority in response to a certificate request placed with us via any accepted method.
• Trust Marks
  • Features and availability may vary by vendor and are not guaranteed. You accept responsibility for independently verifying applicable feature availability and acknowledge that although our description of these services is accurate to the best of our knowledge it remains subject to change by the vendor.

Domain Names

General

• For any domain name active on your account you agree to keep all WHOIS details updated with us in accordance with registry rules.
• If we provide you with a sub-domain based on a domain name we own, you agree that we are not obligated to provide you with access to this sub-domain permanently and can remove access at any point.
• You are required to agree to and follow the domain registry agreements applicable to the domain name requested. You can request at any time that we provide you with these agreements or contact the domain registry directly.
• We do not issue refunds for any error with domain registrations, transfers, or renewals. If the error is caused by us we usually issue a credit to your account with us to use towards future services.

Registration

• The result of any domain lookup we perform is not a guarantee that the domain is available or unavailable, and although we will submit the registration request for processing upon receipt of cleared payment, because domain names are usually registered on a first come first served basis, we cannot guarantee that the domain name was registered for you until your contact details appear in the domain registry and the registration is fully confirmed. If for any reason we fail to register a domain name you requested your sole remedy is to request the payment as credit to your account to use towards future services.
• Successful domain registration makes no representation that you are not infringing on any trademark or other similar rights. We do not and we are not in a position to perform checks of this nature. Any domain registration may therefore become the subject of a dispute, and you agree to indemnify us in this regard and submit to the jurisdiction of the dispute resolution process of the applicable domain registry.

Renewals

• We will usually issue a renewal order for your domain shortly before renewal for the same period as originally registered, provided that registration period is still available for renewals.
• We will submit a renewal request upon receipt of cleared payment applied to your renewal order, but accept no responsibility for the successful completion of the domain registration renewal. In case of processing error your sole remedy shall be a credit to your account in respect of the renewal fee paid to use towards future services.
• If renewal payments are not made by the expiration date of your domain (at least 30 calendar days before expiration), it may not be possible to renew the domain registration period. If a renewal is possible, there may be additional registry and processing fees imposed which will be provided to you at the time advising you of your options so you can decide how to proceed.

Transfer in

• We will initiate the transfer at our side (where possible) and provide limited support with the process, but usually your existing registrar will need to assist you also.
• You pay us for the domain transfer attempt. If the domain transfer is unsuccessful we will not refund your fees, but will usually credit your customer account with us to use against future services.

Transfer out

• We do not charge for updating the registrar details (applicable to .uk domains) or issuing you with the required security code (applicable to most other domains) for a domain name transfer when you request a transfer to another domain registrar. We will assist you with this within 3 business days of you placing a termination request with us in writing by email, stating that you wish to transfer the domain to an alternative registrar within the termination reason section.
• It may not always be possible to transfer an expired or otherwise hindered domain away from our service, subject to domain registry rules and procedures applicable to the specific domain name. However, we shall not impose additional limitations beyond those of the applicable registry and registrar operators.

Deletion/Cancellation/Suspension

• Domains may be cancelled for many reasons such as a breach of our policy, breach of registry policies or upon request from law enforcement or courts. We are often unable to prevent this but will help you determine the reason for the domain deletion/cancellation/suspension. No refunds will be issued in such situations but we may be able to provide credit on your account with us if we receive a refund or otherwise at our discretion.

Expiration

• If you fail to renew a domain for any reason by the due date on the renewal invoice, we will disable the auto-renew facility for your domain. This means the domain may expire and become unusable and will in time be deleted by the registry in accordance to their own expiry timescales. In this event some registrars will levy a charge to reinstate an expired domain. These costs will be passed into you at cost price, no additional fees are charged by beyond this.

Recovering a domain registered by a third-party

• We will not normally take instructions regarding a domain name registration from anyone other than the account holder with us who holds the domain name in their account.
• In cases where we are contacted by a third party domain registrant, you authorise us to provide them with your name, email address and telephone number as listed on your customer account.
• If the domain registrant remains unable to complete their requested change to their domain registration, we will assist them directly after verifying their identity as the domain registrant. We will impose a nominal administrative handling charge to the claiming domain registrant for this process. In such cases we will additionally notify you of any changes made to a domain registration on your account.
• Some domain registries, such as Nominet, may have their own process for enabling the domain registrant to make changes to their domain registration, and we will instead direct customers to that service where in operation. However, note that in such cases we may be unable to notify you as our customer regarding any changes made to the domain registration.

Dispute Policy

• We will not get involved in any domain ownership or trademark infringement issue; these must be resolved in accordance with the policies and procedures of the domain registry concerned.

Reporting Abuse

• In all instances abuse reports should be sent to [email protected].

Registry and Third-party Terms, Agreements and Documents

• By placing domain registrations through us you agree to the following documents, where applicable:
  • ICANN
    • Uniform Domain Name Dispute Resolution Policy
  • Nominet (.uk)
    • Registrant terms
  • .com, .net, .org, .info, .biz, .cc, .tv, .cn, .be, .at, .es, .me
    • Tucows OpenSRS terms and conditions
    • UDRP (Uniform Domain-Name Dispute-Resolution Policy)
    • .ME - Reserved and Premium Names (PDF)
    • Registrants Rights and Responsibilities (ICANN)
  • CentralNic (e.g. .uk.com, .gb.com, .eu.com, .de.com, .jpn.com, .uk.net, .gb.net, .us.com, .qc.com)
    • CentralNic terms and conditions: www.centralnic.com/terms

Network Bandwidth Policy

General

• Each hosting service includes a monthly bandwidth quota as part of the package, expressed as a quantity of data, or bandwidth throughput measurement.
• Quota usage measurements may be taken for billing purposes at the physical switch port, virtual network interface, or by automated processing of service log files as we deem most appropriate for each type of hosting service.
• You are solely responsible for monitoring your own bandwidth usage and remaining within the agreed limits. However where possible we will: make our usage statistics available for your review, notify you when 80% of your quota has been used, and notify you when 100% of your quota has been used.
• Unless specified otherwise:
  • Quota limits are monthly irrespective of your billing period and are based on the monthly anniversary of your service start or renewal date, not calendar months;
  • A bandwidth quota is specific to an individual hosting service and cannot be offset against or combined with a quota applicable to other hosting services;
  • Your bandwidth quota includes all traffic received by and sent from your hosting service, including between other hosting services we may provide to you located in a different data centre;
  • Bandwidth between hosting services located in the same data centre will not count towards your bandwidth quota, but you agree to a fair use policy limit of twice your bandwidth quota for each individual hosting service. - Bandwidth will be measured for this purpose at each hosting service separately.

Bandwidth Overages

• If you exceed the bandwidth quota for your hosting service you agree to pay our overage rate applicable at the time of the overage;
• Any bandwidth quota overage will be invoiced in arrears after the end of the quota period;
• Your service availability is important to us, so we will not usually suspend your service when you reach or exceed the agreed bandwidth quota. However you may request that we temporarily suspend your service, or do so yourself, if you do not wish for any additional usage to occur in the current quota period - in such cases you must contact us to reinstate service at the end of the quota period. We will only suspend your service due to exceeding the agreed bandwidth quota if we reasonably believe the overage invoice may not receive prompt payment, but in any such case we will attempt to contact you where possible for clarification before taking action.

IP addresses

• We may provide IPv4, IPv6 or both types of IP address on any subscription. Where IP address is stated without a version, we may be referring to either IPv4, IPv6, or both at our sole discretion.
• We may remove any IPv4 or IPv6 address assigned to your subscriptions if they are not used in accordance with rules by the Regional Internet Registry who issued the IPv4 or IPv6 address. This currently includes AfriNIC, APNIC, ARIN, LACNIC and RIPE NCC but shall also include any supplementary or successor organisations responsible for assignment, allocation, and or policy.
• You must be using at least 80% of your existing IPv4 addresses on a subscription before requesting any additional IPv4 addresses from us.
• We may remove any IPv4 address assigned to you if you are not using at least 80% of your IPv4 addresses within 45 days of these being assigned to your subscription.
• IPv4 and IPv6 addresses can only be used on the subscription they are assigned to, and are not transferable to other services held with us.
• IPv4 and IPv6 addresses are to be used on our servers only and will not be transferable to another network for any reason.
• Only IPv4 and IPv6 addresses provided by us can be used on your services with us.
• We cannot usually customise IPv4 or IPv6 registry database information upon request but may consider such requests on a case-by-case basis.
• We may provide your account contact information to any Regional Internet Registry subject to their requirements to display in their IP WHOIS database, or supply such information using a RWHOIS server.
• We may request a usage report from you to confirm which IPv4 or IPv6 addresses are being used by you and for what purpose and you are obligated to reply within a maximum of 14 calendar days. This is required for us to be able to validate that such IPv4 or IPv6 addresses are used in accordance with RIR rules. If we determine that IPv4 or IPv6 addresses are not being used in accordance with Regional Internet Registry rules, or you do not respond to our usage report request, our sole remedy is to remove the applicable IPv4 or IPv6 addresses from your subscription. We may reallocate such IPv4 or IPv6 addresses to another subscription or account immediately without further notice.

Billing, Ordering and Payments

Hosting Fees and Orders

• When any chargeable services are ordered or renewed, one-time items ordered or penalty fees are due we will raise an invoice on your account. This must be paid by the due date.
• Any payments submitted to us will be added to your account and may be automatically or manually applied to any open orders or invoices.
• All of our hosting and domain registration services are subscription-based and will automatically renew at the end of your billing period (usually monthly or annually) for a period equal to the previous full (not pro-rata) billing period unless a billing period change was requested via our control panel or billing team via our ticketing system or if you requested service termination in accordance with our termination policy. If you have a specific billing day set on your account, we will pro-rate your subscriptions to your billing day and then renew subscriptions on your billing day wherever possible.
• We may change your pricing for any services at any time by serving at least 10 calendar days notice prior to your renewal date, except where our termination policy requires more than 14 calendar days notice of termination in which case we will notify you at least 30 calendar days before the latest date you may submit a termination request. Where insufficient notice is given, the new pricing will begin from the following renewal date;
• We move customers to new hosting plans only upon request, or after giving them notice of this, we do not automatically move customers to new plans under any circumstances if we introduce comparable plans with different pricing without at least 10 calendar days notice or your express consent. You may opt-out of such changes, but this may require you to terminate your subscription with us if we are unable to maintain your original hosting plan.
• Section 10 of The Consumer Protection (Distance Selling) Regulations 2000 in the United Kingdom may apply to some of our services as specified in the regulations. You agree that upon ordering our services we can provide the service at any time, even if it is before the end of the cancellation period, and your right to terminate your services ends as soon as we provide access details to the client by email, through our customer control panel or another method agreed with you in advance. If you prefer for your service to start after the cancellation period you should contact us in advance to arrange this.
• We may take written (e.g. email, live-chat) or verbal (e.g. telephone, voicemail, in person) agreement to order any services.
• We reserve the right to refuse new service or renewal of a service to any person, organisation or other entity for any reason.
• We may perform a search in relation to you or your company officers in a credit reference database before processing any order or service upgrade or renewal, and keep a copy of the results on file subject to our privacy policy.
• You agree to ensure your account details and all contact information are kept up-to-date in our control panel and that such information may be used for any commercial or operational reasons subject to our privacy policy.

Billing Disputes

• If you believe in good faith that any billing charges are incorrect, you must notify us immediately verbally or in writing. We will investigate the issue and reply to you within 5 business days. Once we send a reply we will either:
  • If we accept or partially accept the dispute: we will cancel a pro-forma invoice or if an invoice was already issued we will issue a credit invoice and apply it to your account. If you do not accept our decision or believe it is still incorrect we will allow you 5 business days to appeal.
  • If we do not accept the dispute: we will notify you that we do not accept the dispute and allow you 5 business days to appeal.
  • If you appeal a manager will review your dispute and make a final decision within 5 business days which cannot be further disputed.
  • If you do not appeal against our decision or after a dispute is closed by a manager then your payment is due within a further 5 business days after which time our late payment penalties will apply from the original due date of the payment.
• You will check all invoices within 14 calendar days and will be deemed to have agreed to the charges if you did not dispute the amount using our dispute process prior to this date.

Payments

• We reserve the right to discontinue acceptance of any payment method at any time, without prior notice, and do not guarantee that all payment methods will be available at all times. We will endeavour to notify you in advance of any changes.

Credit or Debit Cards

• You can submit a payment via most major credit or debit cards (such as those issued by Visa, Mastercard and American Express). We will redirect you to a secure page hosted by a secure PCI Compliant payment services provider where you can enter your credit or debit card details without the full card number being revealed to us. By default you authorise us to automatically bill your credit or debit card for future payments. We will mark this payment method as to be used for recurring payments and also to be used for manual payments (such as if we raise an invoice for an SSL certificate) - you can opt-out of either of these at any time via our control panel.
• Payments via credit or debit cards are usually deemed to have cleared as soon as they have been processed by our bank but may be subject to banking delays.
• You agree that if you or your credit or debit card issuer attempt to chargeback a payment made to us, for any reason except if we are in breach of this agreement, you authorise us to bill you an additional chargeback fee of £50 for accounts billed in GBP. We may pursue payment of this fee by any legal means including charging any payment method setup on your account for automated payments or through a collection agency. You are responsible for all reasonable fees including, but not limited to, collection agency fees, court costs and legal consulting fees.

Bank Transfers

• Bank transfers are deemed to have cleared on the same or next business day after they arrive in our account;
• All payments must include a reference number to allow us to correctly identify and allocate your payment correctly;
• You are solely responsible for ensuring that your payment has been applied to your account or subscriptions correctly which can be reviewed via our control panel or by asking our billing team via our ticketing system;
• We will only credit your customer account by the amount credited to our bank account after any deductions made by your bank, intermediary banks, our bank, and any additional payment processing administration fees;
• If we are unable to identify the account holder we will hold the payment in our bank account without any interest payable for a period of 180 calendar days during which you may contact our billing team via our ticketing system to attempt to identify the payment. If you do not contact us during this period the payment will be irrecoverable;
• You payment must be made in the same currency as your account. Payments received in other currencies may incur additional administration charges and are subject to the applicable exchange rates in use by our bank.

Cheque & PayPal

• We no longer accept payment by cheque or PayPal methods except in special circumstances and at our sole discretion.

Refunds and Credits

• We do not issue refunds. For any service credits we decide to issue within the scope of this agreement or at our sole discretion we will apply credit to your account with us to use towards other services.

Credit Terms

General

• We reserve the right to immediately suspend or terminate any services which become overdue, though may offer a grace period before doing so.
• Charges will continue to accrue for suspended services, and you will not be liable to receive any service period extension, credit, compensation, or refund due to the service suspension.
• We may request an advance payment towards any one-time services requested by you. Any invoices raised for one-time services after the services are provided are due within 7 days or all subscriptions in your account may be suspended and late payment fees applied.
• Payment in advance is required for all recurring services ordered, but we may offer more flexible credit terms to an account at our discretion with prior agreement and sufficient volume.

Overdue Payments

• Your payment is considered overdue if cleared payment is not received in accordance with the credit terms for your service or account. You should contact us immediately if you experience any difficulties submitting your payment on time to determine if we can offer a grace period;
• Late payment fees for overdue fees corresponding to pro-forma or full fiscal invoices will accrue additional penalties at a rate of 1% of the original amount per day with a minimum amount depending on the the number of days overdue as outlined below:
  • 1 - 29 days overdue: £15;
  • 30 - 59 days overdue: £30;
  • 60 or more days overdue: £100.
• Late payment fees form part of the overdue amount owed and become due immediately once the original overdue amount is paid and late payment fee calculated. The late payment fee must be paid in full before service is reinstated if service is suspended, or otherwise to avoid subsequent service suspension;
• If we pass your account to a debt recovery agent any costs added by the agent such as their service fees or any applicable court fees or similar may be added in addition to the late payment fees in this agreement;
• You are solely responsible for ensuring that we are paid on time for any service renewals, even if we do not notify you in advance of the renewal;
• We may pursue payment of any overdue charges by any legal means including charging any payment method setup on your account enabled for payments or automated recurring payments.

Suspension & Termination Policy

• We may suspend or terminate your subscription or at our discretion suspend or terminate all subscriptions in your account if:
  • any subscription or one-time invoice in the account is in arrears, whether or not the subscription in question is arrears;
  • you exceed your agreed resource limits;
  • you breach this or any other agreement with us;
  • we need to perform scheduled or unscheduled maintenance;
  • not doing so would cause or likely cause disruption to the service of other customers;
  • we believe it would be illegal to continue providing you service;
  • we learn you have become insolvent, enter administration or we have a genuine belief you may not honour any - outstanding credit arrangements which are in place;
  • instructed to by a competent legal authority which is binding upon us.
• Termination requests must be submitted via email for your security. Any requests not submitted via this method will not be processed and we will treat it as if we had not received a termination request at all;
• Any termination request must be submitted in advance of the start of your next subscription period by at least 14 days, or your subscription period will automatically renew;
• You will not be able to terminate a subscription if your account is in arrears;
• If we suspend a service for any reason, we will restore service no later than the end of the next business day following you notifying us, and us agreeing, via our email that you have resolved the matter which caused us to suspend your service.

General

• You must be at least 18 years old or of legal age to accept a legally binding contract with us in your country, whichever is higher, in order to subscribe to any of our services;
• You agree to us using your company name and logo for marketing or pre-sales contact with third-parties and to participate in any case study we create about your use of our services. If you prefer that we ask you on a case-by-case basis for using your company name and logo you must notify us of this preference by sending written notice to our registered office and should agree to not unreasonably withhold any authorisation with respect to case-by-case requests we may make;
• We like to share informal customer appraisal with our prospective customers so they can appreciate genuine raw customer feedback for our work. You agree we may quote on our website and or other marketing materials informal feedback provided to us within tickets providing that we remove any sensitive or confidential information prior to publication. In accordance with our privacy policy we will never publish your name or email address with quoted feedback without obtaining explicit approval on a case-by-case basis;
• You are solely responsible for remaining within subscription limits, whether or not we notify you for exceeding such limits;
• Resale of our services is allowed, but we will only deal with you as our direct customer. If an indirect customer comes to us for support, we will make reasonable efforts to put them in touch with you by using the email address on file with us (unless otherwise instructed with a replacement email address or telephone number) but may inadvertently provide a degree of assistance to the customer for which we accept no responsibility. We take no responsibility for anything relating to service provision or liability to any end-user. You indemnify us against any actions the end-user takes and must ensure the end-user is legally bound by these terms and conditions;
• We will not verify that any material you store on your website is legal, usable, correct or complete;
• We reserve the right to change our legal agreements by serving 30 days notice electronically. Your sole remedy for not accepting a new version of these agreements is to keep our current agreements and terminating your subscription at the earliest possible opportunity in accordance with our termination policy (a notice period is usually required). You accept that we are not required to inform you of minor changes such as changes to our contact details or service descriptions, providing that such changes do not substantially and materially alter the essence of our agreement with you - the latest version on our website prevails in such cases;
• When you receive access to software or hardware for which you are paying one-off, on a subscription basis, or receive bundled with a hosting plan or provided separately, you do not receive any ownership rights for the software or hardware. You also agree with any license agreement for the specific software and to use it for the purpose intended by or accepted by the software developers;
• You will immediately notify us if you become aware of any unauthorised or illegal use of our services;
• We do not give any rights to third parties as part of this contract;
• You agree not to assign any of your rights from this agreement, and any associated agreements including any Service Schedule’s with any third-party, without our prior written consent. Such consent may be requested by contacting our billing team via our ticketing system and may be accepted at our sole discretion. Any assignment will require that the newly assigned party agrees to comply with all of the terms of this agreement.
• Agreement is governed by the law and courts in Scotland, England, Wales and/or throughout the United Kingdom except where another competent legal authority who is binding upon us forces us to use one of their courts.

Complaints Procedure

Sometimes we may fall short of the high standards we and our customers expect from us. If this happens it’s important that we are able to take on customer feedback and concerns and use this to improve our service.

• In the first instance complaints about any of the services provided should be emailed to [email protected]. We endeavour to respond within 3 working days.
• In the unlikely event that you are unsatisfied with the result of a complaint you may escalate it by calling our reception on 01463 896777 and speaking with a manager who will be able to take any and all steps required to resolve your issue.

Liability

• We make no guarantee as to the proper functioning of the service we provide;
• We make no assertion that the service is fit for any specific purpose;
• We are not liable for any consequential loss, cannot assist in assessing this, and do not insure against it;
• You are not allowed to use the service for life support or anything where failure of the service may cause loss of life/serious injury;
• You agree that you accept full liability for any patent infringement incurred as a result of using any software or services we provide to you. If you report any patent infringement to us we will endeavour to provide you with alternative software or services and to cease offering any affected software or services if operational and commercial circumstances allow this;
• Any insurance policies we have do not cover any loss or theft of customer data or software, however caused. You are responsible for arranging and bearing the cost of any and all insurance you require prior to ordering and for the duration of any service provided by us for which you require insurance. We will provide reasonable assistance in providing information from our side to accommodate this, but may apply a fee at our discretion if the information required is significant;
• Our maximum liability to any customer is 100% of the monthly cost of the affected subscription (pro-rated if not usually billed monthly) if not further limited by another clause;
• Any claim must be notified within 10 business days in writing to us.